Dought - clear, - Her sister has Down’s syndrome; does she haveto offer expiation because of not fasting?.

I have a sister who has Down's syndrome. She reached puberty at the
beginning of this year and she cannot fast. Should we pay fidyah onher
behalf, or what? How much is it?
Praise be to Allah.
Firstly:
Down's syndrome is a genetic disorder; it includes delays in the
development of cognitive ability and physical growth. The external
signs of Down's syndrome include a crease in the eyelids, short neck
and hands, and poor muscle tone.
Secondly:
For fasting to be obligatory, it is stipulated that one should be of
sound mind, because of the words of the Prophet )blessings and peace
of Allah be upon him(: "… The Pen has been lifted from three: from the
insane person whose mind is deranged until he comes to his senses,
from the sleeper until heawakens and from the child until he reaches
maturity…" Narrated by Abu Dawood, 4399; classed as saheeh by
al-Albaani in Saheeh Sunan Abi Dawood.
If your sister is affected by a delay in cognitive ability to the
extent that she has not been able to reach the level of discernment,
and she does not understand theteachings of Islam, then in this case
she is not obliged to fast or to make up missed fasts, and you do not
have to pay the fidyah on her behalf, because she is not accountable
in the first place.
Shaykh Ibn 'Uthaymeen )may Allah have mercy on him( said in ash-Sharh
al-Mumti' )6/324(: Anyone who does not have cognitive ability is not
accountable, and none of the obligatory duties of Islam are binding
upon him, such as prayer, fasting and feeding the poor insteadof
fasting. In other words, he does not have to do anything at all, with
the exception of financial obligations. End quote.
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Dought - clear, - Ijmaa‘ )scholarly consensus(: definition, types and conditions.

I would like to know what ijmaa' is, and whatare its types and conditions?
Praise be to Allah.
Shaykh Ibn 'Uthaymeen )may Allah have mercy on him( said:
In linguistic terms, ijmaa'means resolve and agreement.
In shar'i terms, it means the agreement of the mujtahids of this
ummahafter the death of the Prophet )blessings and peace of Allah be
upon him( on a shar'i ruling.
By saying "agreement" we exclude differences of opinion; if there is a
difference of opinion, even from one person, then we cannot say that
there is ijmaa'.
By saying "the mujtahids" we exclude the common folk and those who
follow or imitate scholars; it does not matter whether theyagree or
disagree.
By saying "this ummah" we exclude the consensus of others, which
carries no weight.
By saying "after the death of the Prophet )blessings and peace of
Allah be upon him(" we exclude their agreementat the time of the
Prophet )blessings and peace of Allah be upon him(; ijmaa' or
consensus at that time does not count as evidence, because evidence is
established by the Sunnah of the Prophet )blessings and peace of Allah
be upon him(, whether in word or deed or by approval. Hence if a
Sahaabi says "We used to do" or that they )i.e., people( used to do
such and such at the time of the Prophet )blessings and peace of Allah
be upon him(, this is indicative of the approval of the Prophet
)blessings and peace of Allah be upon him(, according to consensus.
By saying "on a shar'i ruling", we exclude theiragreement on a
rational or human ruling, which has nothing to do with the matter
under discussion, because we are talking about looking for ijmaa' as
oneof the kinds of shar'i evidence.
Ijmaa' counts as evidence on the basis of a number of pieces of
evidence, including the following:
1. The verse in which Allah, may He be exalted,says
)interpretation of the meaning(: "Thus We have made you )Muslims(, a
Wasat )just( )and the best( nation, that you be witnesses over
mankind" ]al-Baqarah 2:143[. The words "witnesses over mankind"
include testifying about their deeds and judging their deeds, and the
words of the witness may be accepted.
2. The verse in which Allah, says )interpretation of the meaning(:
")And( if you differ in anything amongst yourselves" ]an-Nisa' 4:59[
indicate that whatever they agreed upon is sound and correct.
3. The Prophet )blessings and peace of Allah be upon him( said:
"My ummah will not unanimously agree on misguidance."
4. We say: If the ummah unanimously agrees on something, it must
be either true or false. If it is true, then it is proof. If it is
false, howcan this ummah, which is the dearest of nations to Allah
since the time ofits Prophet until the onset of the Hour, agree on
something false with which Allah is not pleased? This is quite
impossible.
Types of ijmaa'
Ijmaa' is of two types: definitive and presumptive.
1. Definitive is that which well known and well established, such
as consensus that the five daily prayers are obligatory and that zina
)fornication, adultery( isharaam. No one can deny that this type of
ijmaa' is proven and established, or that it constitutes proof in and
of itself, or that the one who rejects it becomes akaafir, unless he
is ignorant and may be excused for his ignorance.
2. Presumptive is that which can only be known by means of
research and study, where the scholars may differ as to whether is
ijmaa' )on a particular issue( or not. The most correct scholarly
opinionconcerning that is the view of Shaykh al-Islam Ibn Taymiyah,
when he said in al-'Aqeedah al-Waasitiyyah: The type of ijmaa' that is
to be accepted is that of the righteous early generations )as-salaf
as-saalih(, because after their time there was a great deal of
disagreement and the ummah spread far and wide. End quote.
It should be noted that the ummah cannot agree on something thatis
contrary to an unabrogated, clear, saheeh text, because it can only
agree on what is true. If you see consensus that you thinkis contrary
to that, then it must be one of the following: either the evidence is
not clear, or it is not saheeh, or it is abrogated, or there is a
difference of opinion concerning the matter ofwhich you were not
aware.
Conditions of ijmaa':
There are certain conditions for ijmaa', such as:
1. It should be soundlyproven in the sense that it is either well
known among the scholars or transmitted by a trustworthy narrator who
has read widely.
2. It should not have been preceded by a well-known difference of
opinion. If that was the case, then there is noijmaa', because
scholarlyopinions are not invalidated by the death of their authors.
Ijmaa' does not cancel out a previous difference of opinion; rather it
prevents differences of opinion from arising.
This is the most correct view, because of the strength of its argument.
And it was said that the second condition is not stipulated, so it is
valid in a later period for there to be consensus onone of the
previous opinions and for that to serve as proof for those who come
afterwards.
According to the majority, it is not essential that those who
unanimously agree all die when still holding this view for ijmaa' to
be established; rather ijmaa' is established as soon as they )the
scholars of a particular era( agree, and it is not permissible for
them or anyone else to go against it after that, because the condition
for the establishment of ijmaa' do not include any stipulation that
the era )of the scholars who reached this consensus( should have come
to an end with their passing. As ijmaa' is established at the moment
they agree )on a particular issue(, there is nothing that could cancel
it out.
If one of the mujtahids )scholars( says or does something and that
becomes well known among the mujtahids, and they do not denounce it
even though they are able to do so, then it is said that there is
ijmaa'. It was said that this establishes that there is ijmaa'; others
said that it is may be regarded as proof but not ijmaa'; and others
said that it is neither ijmaa' nor proof.And it was said that if they
all passed away before denouncing it then it is ijmaa', becausetheir
silence until the time of their death, eventhough they were able to
denounce it, constitutes proof of theiragreement. This is the view
that is most likely to be correct.
Al-Usool min 'Ilm al-Usool, 62-64
And Allah knows best.

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Islamic Stories - The Beautiful Story of Abu Ghayth

From the signs of truthfulness is fear of Allah and asceticism in
life; for the truthful withconviction fears consuming from what is
impermissible and bearspoverty and hardship for the sake of Islam. If
he commits sin then he does not sleep until he returns to his Lord and
repents, in order to free himself from the sin, andits burden.
Ibn Jarir at-Tabari: I was in Makkah during the season of Hajj and I
saw a man from Khurasaan calling out to the people:"Oh pilgrims, oh
people of Makkah - from those who are present and those far off, I
have lost a pouch that contains a thousand dinars. So whoever returns
the pouch, Allah will reward them with good, save them from the hell
fire, and His bounty and favors will be acquired on the Day of
Accounting(Day of Judgment)."
An old man from the people of Makkah approached him and said: "Oh
Khurasaani, our city is in a very tough condition, and thedays of hajj
are few, andits season is appointed, and the doors of profit-making
are closed. This money might fall in the hands of a believer who is
poor and old in age. Maybe he plans to give itif you make a promise
that you will give him a little bit of money that is halal
(permissible) for him to use."
The Khurasaani said: "How much does he want?"
The old man said: "He wants one-tenth of the money (a hundred dinars)."
The Khurasaani said: "No. I will not grant himthe money and instead I
will take my case to Allah, and complain to Him on the day we meet
Him, and Allah is sufficient for us and the best one to trust in."
Ibn Jarir at-Tabari said: "I realized that it was the old man is poor,
and he was the one who took the pouch of dinarsand wishes to have a
little portion of it. So I followed him until he returned to his home.
Myassumptions were confirmed. I heard him calling onto his wife:"Oh
Lubabah."
She said: "I am at your service, O Abu Ghayth."
The old man said: I found the owner of the dinars calling for it, and
he does not intend to give any reward to the person who finds it. I
said to him "Give us a hundred dinars and he refused and said he would
take his case to Allah. What should I do OLubabah? I must return it,
for I fear my Lord, andI fear that my sin is multiplied.
His wife said to him: Oh Man! We have been struggling and suffering
from poverty with you for the last 50 years, and you have 4 daughters,
2 sisters, my mother and I, and you are the ninth. Keep all the money
and feed us for we are hungry, and clothe us for you know better our
situation. Perhaps Allah, the All-Mighty, will make you rich
afterwards and you might be able to give the money back after you fed
your children, or Allah will pay the amount you oweon the day when the
kingdom will belong to the King (Allah).
He said to her: Will I consume haram after 86 years of my life, and
burn my organs with fireafter I have been patientwith my poverty, and
become worthy of Allah anger, even though I amclose to my grave?! No,
By Allah, I will not do so!
Ibn Jarir at-Tabari said: I left with amazement concerning his
conditionand that of his wife. At a later point during the day, I
heard the owner of the pouch calling out...
Saying: "O people of Makkah, O pilgrims, who ever of you find a pouch
containing a thousand dinars, let him return it and they shall surely
findgreat reward with Allah."
The old man said: Oh Khurasaani, I have addressed you the other day
and advised you that our land is low on cultivation, so reward the
person who found the pouch so that he is not tempted to break the laws
of Allah. I have advised you to pay the person who finds it a hundred
dinars but you refused. If your money falls into hands of a person who
fears Allah the All-Mighty, will you give him 10 dinars at least,
instead of a 100?
The Khurasaani said: I will not do so, and I will complain to Allah on
the day I meet him, and Allah is sufficient for us and the best one to
trustin."
Ibn Jarir at-Tabari said: The people dispersed and left. Later on
during the hours of the day, once again, the Khurasaani made the same
call, saying:
"O people of Makkah, O pilgrims, who ever of you find a pouch
containing a thousand dinars, let him return it and they shall surely
findgreat reward with Allah."
The old man came again and said: O Khurasaani, I said to you the day
before yesterday to reward the finder a hundred dinars and you
refused. Then I advised you to give him ten dinars and you refused, so
will you give only onedinar so that he can buy with half of it things
he needs and with the other half, sheep milk, sothat he can give to
the people and feed his children?
The Khurasaani said: I will not do so, and I will complain to Allah on
the day I meet him, and Allah is sufficient for us and the best one to
trustin. "
The old man angrily said:Come you, and take yourmoney so that I can
sleep at night, for I have not had a good mood ever since I found this
money.
Ibn Jarir said: So the old man went with the owner of the money andI
followed them until theold man entered his house, dug a hole and
pulled out the money and said: Take your money and ask Allah to
forgive me and bless me from His bounty.
The Khurasaani took the money and intended to leave, but when he
reached the door he said: O old man, my father died, May Allah have
mercy on him, and left behind three thousand dinars and said to me:
Take out a third of this money and give it to a person from the people
who is most deserving of it. Therefore I tied it in a pouch so that I
may spend it on someone who is worthy of it. By Allah, I have not seen
a person, since I left Khurasaan until now, who is more worthy of
itthen you. So take it, May Allah's blessing be upon you, and May He
reward for the trust you kept, and your patience during poverty. The
Khurasaani man left without the money.
The old man wept and prayed to Allah, saying: May Allah bless the
owner of the money in his grave, and May Allah bless his son.
Ibn Jarir said: I left after the Khurasaani but Abu Ghayth (the old
man) followed me and brought me back. He asked me to sit down, and
said: I have seen youfollowing me since the first day; you have come
to know of our situation yesterday and today. I have heard that the
Prophet said: "If you are gifted from the provision of Allah, without
begging or asking, then accept it and do not reject it." So this is a
gift from Allah toall those attending.
The old man called: O Lubabah, O so and so, O so and so. He called on
his daughters and his sisters and wife and her mother, and sat down
and made me sit down. We were 10. He opened the bag, and said
spreadyour clothing over your laps.
So I (Ibn Jarir) did, but the girls did not have proper clothing that
would enable them to do that, so they extended their hands. The old
man gave dinar by dinar in order until he reached me (Ibn Jarir) and
said: "Here is adinar." The process continued until the bag was empty
and I received a hundred dinars.
Ibn Jarir at-Tabari said: So joy filled my heart because of the
provisionthey received more then the joy I had because I received a
hundred dinars.
When I was leaving the old man said: O young man. You are blessed;
keep this money with you for it is halal. And know that I use to wake
up for Fajr prayer with this wet shirt. After I wasdone I would take
it off, and give it so that my daughters can pray - oneby one. Then I
would go to work between Dhuhr prayer and Asr prayer and then I would
come back at the end of the day with what Allah has given me from
dates anddry pieces of bread. Then I would take off myclothes for my
daughtersand they would pray Dhuhr prayer and Asr prayer, and the same
would happen for the Maghrib and Isha prayers. And we did not ever
expect to see this kind of money. So may Allah make us make good use
of them, and may Allah bless the person in his grave and multiply the
reward for him.
Ibn Jarir said: So I greeted him goodbye, and took the hundred dinars
and used them to write knowledge for two years! I used it to buy paper
and pay rent and after sixteen years I returned to Makkah and inquired
about the old man. I was told that he died a few months after the
incident that occurred between us. Hiswife died, along with her
mother, and his 2 sisters. The only ones that remained were the
daughters whom, when I asked about, found that they were married to
kings and Princes. I dropped by and they honored me as a guest and
treated me kindly until they died also. So May Allah bless them in
their graves.
{That will be an admonition given to himwho believes in Allah and the
Last Day. And whosoever fears Allah and keeps his duty to Him, He will
make a way for him to get out (from every difficulty).
And He will provide him from (sources) he never could imagine. And
whosoever puts his trust in Allah, then He will suffice him. Verily,
Allah will accomplish his purpose. Indeed Allah has set a measure for
all things. (At-Talaq 65: 2-3) /- -e-p * - ▓███▓ TRANSLATOR 1:->
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Islamic Stories - Importance of Saying Insha-Allah

During a Jumah Khutbahin a small town, an Imam talked about the
significance of saying "Insha Allah" (which means if Allah wills) when
planning to do something in the future.After a few days, a man who had
also attended the Khutbah was going to buy a cow from the market. On
the way, he met a friend who asked him where he was going. He told him
aboutbuying the cow but did not say Insha Allah in theend. His friend
remindedhim about the Khutbah and told him to say InshaAllah. However,
this individual said that he had the money he needsand the energy to
go to the market, thus, there isno point of saying Insha Allah as he
will certainly buy the cow. He thoughtthat saying Insha Allah will not
make any difference.
When he reached the market, he found a cow that met his expectations.
He burgained with the seller and came to a reasonable price.
Finally,he decided to pay for the cow but was dumbfounded when he
discovered that his money was missing. A thief had stolen the money
while he was walking through the busy market. The cow seller asked him
whether he was going to buy the cow or not. "Insha Allah, I will buy
it next week," he said. When he reached home, his wife inquired about
the cow. He told her about how he forgot to say Insha Allah, and also
added, "Insha Allah, I wanted to buy the cow. But Insha Allah, my
money was stolen. Insha Allah, I will buy it next week." His wife
clarified to him that we should say Insha Allah for thingsthat are yet
to happen, not for those things that had already happened. He never
forgot his "Insha Allah" again.
This incident was narrated by Shaikh Wahidullah from Toronto, Canada.

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